Morrow et al v. Eastland County, Texas et al

Filing 59

Order. All of the Plaintiffs' and Defendants' objections to the Report and Recommendation are OVERRULED, except for Defendants' first objection (which the Court determines is irrelevant and declines to consider in the interest of judi cial economy). The Court finds no error with the Magistrate Judge's findings and conclusions. It is therefore ORDERED that the findings and conclusions of the Report and Recommendation 46 are hereby ADOPTED as the findings and conclusions of t he Court. For the reasons stated therein, as well as those additional reasons discussed in this Order, the Court makes the following rulings: (1) Defendants' Motion for Summary Judgment 54 is GRANTED as to Defendant Meachum and the Court finds that Defendant Meachum is entitled to qualified immunity on Plaintiffs' claims against him in his individual capacity; (2) accordingly, all claims against Defendant Meachum in his individual capacity are DISMISSED; and (3) Defendants' Moti on for Summary Judgment 15 is DENIED WITHOUT PREJUDICE as to Defendant Eastland County. Defendant Eastland County is free to assert a proper motion to dismiss or renewed motion for summary judgment at the correct stage of this litigation. This case is returned to the docket of the Honorable E. Scott Frost for further proceedings consistent with Second Amended Special Order no. 3-301. Before returning this case to Magistrate Judge Frost, the Court simultaneously enters a separate order disposing of Defendant Eastland County's (Second) Motion for Summary Judgment, filed September 14, 2017. (Ordered by Senior Judge Sam R Cummings on 9/18/2017)